The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015 No. 928

PART 3 AMENDMENTS TO PART 5 OF THE ACT

Enforcement of directions under section 30 in Scotland

4.  In section 30 of the Act, for subsection (2) substitute—

“(2) A direction given under this section may be enforced—

(a) in England and Wales, on an application made on behalf of the Secretary of State, by a mandatory order,

(b) in Scotland, on an application made on behalf of the Secretary of State to the Court of Session, by an order of specific implement.”

Freedom of expression in Scottish universities etc

5.—(1) Section 31 of the Act is amended in accordance with this regulation.

(2) In subsection (1), omit “or” at the end of paragraph (a) and after “(higher education courses)” in paragraph (b) add—

“, or

(c) a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005(1)”.

(3) In subsection (2), after paragraph (a) add—

“(aa) must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in subsection (1)(c);”.

(4) In subsection (3), after paragraph (a) add—

“(aa) must have particular regard to the need to ensure freedom of speech, in the case of authorities that are proprietors or governing bodies of institutions mentioned in subsection (1)(c);”.

(5) In subsection (4), after paragraph (a) add—

“(aa) must have particular regard to the need to ensure freedom of speech, in the case of an authority that is the proprietor or governing body of an institution mentioned in subsection (1)(c);”.

(6) In subsection (5), after the definition of “the duty to ensure freedom of speech” add—

““the need to ensure freedom of speech” means the need to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the institution in question and for visiting speakers;”.

Application of Chapter 2 of Part 5 to Scotland

6.—(1) Section 41 of the Act is amended in accordance with this regulation.

(2) In subsection (1), in the definition of “local authority”, after paragraph (f) add—

“(g) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(2);”.

(3) After subsection (3) add—

“(4) References in this Chapter to a chief officer of police are to be read as including references to the chief constable of the Police Service of Scotland.”.

(1)

2005 asp 6, amended by the Post-16 Education (Scotland) Act 2013, asp 12.

(2)

1994 c. 39, amended by the Environment Act 1995, c. 25; there are other amending enactments but none is relevant.